Instant messaging as a “valid means” of communication in labor relations
As we indicated in a previous post published on December 1, 2015, in its judgment of September 21, 2015, the Labor Chamber of the Supreme Court held that the clauses included in a company’s employment contracts which enabled it to notify its employees through text messages or e-mail were null and void. The Court held that the consent given by the employee when executing his/her employment contract was not valid for this purpose.
But what happens when the validity of the manner in which the worker’s e-mail or mobile phone number are obtained is not in dispute and the company has that information at its disposal (e.g. because the worker has used or provided this information beforehand)? Can they be validly used by companies to communicate with their employees?
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